The provisions set forth in article III are intended to protect the natural features and natural resources within Burke County, and to implement policies in the Burke County Comprehensive Plan.

(Ord. No. 18-01, §§ 1, 2, 9-11-2018)

Article IX, Section II of the Constitution of the State of Georgia and O.C.G.A. § 36-1-20(a) have delegated the responsibility to local governmental units to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry. Therefore, the Burke County Board of Commissioners of Burke County, Georgia, does ordain as follows.

(Ord. No. 18-01, §§ 1, 2, 9-11-2018; Ord. No. 19-05, § 2, 8-13-2019)

(a)

The flood hazard areas of Burke County, Georgia are subject to periodic inundation which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood relief and protection, and impairment of the tax base, all of which adversely affect the public health, safety and general welfare.

(b)

These flood losses are caused by the occupancy in flood hazard areas of uses vulnerable to floods, which are inadequately elevated, flood-proofed, or otherwise unprotected from flood damages, and by the cumulative effect of obstructions in floodplains causing increases in flood heights and velocities.

(Ord. No. 18-01, §§ 1, 2, 9-11-2018; Ord. No. 19-05, § 2, 8-13-2019)

It is the purpose of this section 26-3.02.00 to promote the public health, safety and general welfare and to minimize public and private losses due to flood conditions in specific areas by provisions designed to:

(a)

Require that uses vulnerable to floods, including facilities, which serve such uses, be protected against flood damage at the time of initial construction;

(b)

Restrict or prohibit uses which are dangerous to health, safety and property due to water or erosion hazards, or which increase flood heights, velocities, or erosion;

(c)

Control filling, grading, dredging and other development which may increase flood damage or erosion;

(d)

Prevent or regulate the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards to other lands; and

(e)

Control the alteration of natural floodplains, stream channels, and natural protective barriers, which are involved in the accommodation of floodwaters.

(Ord. No. 18-01, §§ 1, 2, 9-11-2018; Ord. No. 19-05, § 2, 8-13-2019)

The objectives of section 26-3.02.00 are to:

(a)

Protect human life and health;

(b)

Minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in floodplains;

(c)

Help maintain a stable tax base by providing for the sound use and development of flood prone areas in such a manner as to minimize flood blight areas;

(d)

Minimize expenditure of public money for costly flood control projects;

(e)

Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;

(f)

Minimize prolonged business interruptions; and

(g)

Ensure that potential home buyers are notified that property is in a flood area.

(Ord. No. 18-01, §§ 1, 2, 9-11-2018; Ord. No. 19-05, § 2, 8-13-2019)

This section shall apply to all areas within the county.

(Ord. No. 18-01, §§ 1, 2, 9-11-2018; Ord. No. 19-05, § 2, 8-13-2019)

(a)

The areas of special flood hazard identified by FEMA in its flood insurance study (FIS), dated December 17, 2010 with accompanying maps and other supporting data and any revision thereto, are adopted by reference and declared a part of this section.

(b)

For those land areas acquired by a municipality through annexation, the current effective FIS dated December 17, 2010, with accompanying maps and other supporting data and any revision thereto, for Burke County are hereby adopted by reference.

(c)

Areas of special flood hazard may also include those areas known to have flooded historically or defined through standard engineering analysis by governmental agencies or private parties but not yet incorporated in a FIS.

(d)

The repository for public inspection of the FIS, accompanying maps and other supporting data is located at: Burke County Planning, Permits and Inspections Office.

(Ord. No. 18-01, §§ 1, 2, 9-11-2018; Ord. No. 19-05, § 2, 8-13-2019)

A development permit shall be required in conformance with the provisions of this section prior to the commencement of any development activities.

(Ord. No. 18-01, §§ 1, 2, 9-11-2018; Ord. No. 19-05, § 2, 8-13-2019)

No structure or land shall hereafter be located, extended, converted or altered without full compliance with the terms of this section and other applicable regulations.

(Ord. No. 18-01, §§ 1, 2, 9-11-2018; Ord. No. 19-05, § 2, 8-13-2019)

This section is not intended to repeal, abrogate, or impair any existing ordinance, easements, covenants, or deed restrictions. However, where this section and another conflict or overlap, whichever imposes the more stringent restrictions shall prevail.

(Ord. No. 18-01, §§ 1, 2, 9-11-2018; Ord. No. 19-05, § 2, 8-13-2019)

In the interpretation and application of this section, all provisions shall be:

(a)

Considered as minimum requirements;

(b)

Liberally construed in favor of the governing body; and

(c)

Deemed neither to limit nor repeal any other powers granted under state statutes.

(Ord. No. 18-01, §§ 1, 2, 9-11-2018; Ord. No. 19-05, § 2, 8-13-2019)

(a)

The degree of flood protection required by this section is considered reasonable for regulatory purposes and is based on scientific and engineering consideration.

(b)

Larger floods can and will occur. Flood heights may be increased by manmade or natural causes.

(c)

This section does not imply that land outside the areas of special flood hazard or uses permitted within such areas will be free from flooding or flood damages.

(d)

This section shall not create liability on the part of the county or by any officer or employee thereof for any flood damages that result from reliance on this section or any administrative decision lawfully made hereunder.

(Ord. No. 18-01, §§ 1, 2, 9-11-2018; Ord. No. 19-05, § 2, 8-13-2019)

(a)

Failure to comply with the provisions of this section or with any of its requirements, including conditions and safeguards established in connection with grants of variance or special exceptions shall constitute a violation.

(b)

Any person who violates this section or fails to comply with any of its requirements shall, upon conviction thereof, be fined not more than $500.00 or imprisoned for not more than 60 days, or both, and in addition, shall pay all costs and expenses involved in the case.

(c)

Each day such violation continues shall be considered a separate offense.

(d)

Nothing contained in this section shall prevent the county from taking such other lawful actions as is necessary to prevent or remedy any violation.

(Ord. No. 18-01, §§ 1, 2, 9-11-2018; Ord. No. 19-05, § 2, 8-13-2019)

The building official or his/her designee, hereby referred to as the floodplain coordinator, is hereby appointed to administer and implement the provisions of this section. According to FEMA's Community Information System (CIS) database, the building official is the floodplain administrator.

(Ord. No. 18-01, §§ 1, 2, 9-11-2018; Ord. No. 19-05, § 2, 8-13-2019)

Application for a development permit shall be made to the flood plain administrator on forms furnished by the community prior to any development activities, and may include, but not be limited to the following: Plans in duplicate drawn to scale showing the elevations of the area in question and the nature, location, dimensions, of existing or proposed structures, earthen fill placement, storage of materials or equipment, and drainage facilities. Specifically, the following information is required:

(a)

Application stage.

(1)

Elevation in relation to mean sea level (or highest adjacent grade) of the lowest floor, including basement, of all proposed structures;

(2)

Elevation in relation to mean sea level to which any non-residential structure will be flood-proofed;

(3)

Design certification from a registered professional engineer or architect that any proposed non-residential flood-proofed structure will meet the flood-proofing criteria in section 26-3.02.18(b) below;

(4)

Description of the extent to which any watercourse will be altered or relocated as a result of the proposed development.

(b)

Construction stage.

(1)

For all new construction and substantial improvements, the permit holder shall provide to the flood plain administrator an as-built certification of the regulatory flood elevation or flood-proofing level immediately after the lowest floor or flood proofing is completed.

(2)

The permit holder shall provide the flood plain administrator sealed supplemental construction documents including, but not limited to foundation and structure anchoring details prepared by a licensed professional engineer and/or registered architect. Any lowest floor certification made relative to mean sea level shall be prepared by or under the direct supervision of a registered land surveyor or professional engineer and certified by same.

(3)

When flood proofing is utilized for non-residential structures, said certification shall be prepared by or under the direct supervision of a professional engineer or architect and certified by same.

(4)

Any work undertaken prior to submission of these certifications shall be at the permit holder's risk.

(5)

The flood plain administrator shall review the above referenced certification data submitted.

(6)

Deficiencies detected by such review shall be corrected by the permit holder immediately and prior to further progressive work being allowed to proceed.

(7)

Failure to submit certification or failure to make said corrections required hereby, shall be cause to issue a stop-work order for the project.

(Ord. No. 18-01, §§ 1, 2, 9-11-2018; Ord. No. 19-05, § 2, 8-13-2019)

The duties of the flood plain administrator shall include, but not be limited to:

(a)

Review proposed development to assure that the permit requirements of this section have been satisfied.

(b)

Review proposed development to assure that all necessary permits have been received from governmental agencies from which approval is required by federal or state law, including Section 404 of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. 1334. Require that copies of such permits be provided and maintained on file.

(c)

When base flood elevation data or floodway data have not been provided in accordance with section 26-3.02.15, then the flood plain administrator shall obtain, review and reasonably utilize any base flood elevation and floodway data available from a federal, state or other sources in order to administer the provisions of the LDC.

(d)

Review all permit applications to determine whether proposed building sites will be reasonably safe from flooding.

(e)

Review and record the actual elevation in relation to mean sea level (or highest adjacent grade) of the lowest floor, including basement, of all new or substantially improved structures in accordance with section 26-3.02.15(b).

(f)

When flood-proofing is utilized for a structure, the flood plain administrator shall obtain certification of design criteria from a registered professional engineer or architect in accordance with section 26-3.02.15 and section 26-3.03.18.

(g)

Make substantial damage determinations following a flood event or any other event that causes damage to structures in flood hazard areas.

(h)

Notify adjacent communities and the Georgia Department of Natural Resources prior to any alteration or relocation of a watercourse and submit evidence of such notification to FEMA.

(i)

For any altered or relocated watercourse, submit engineering data/analysis within six months to FEMA to ensure accuracy of community flood maps through the letter of map revision process.

(j)

Assure flood carrying capacity of any altered or relocated watercourse is maintained.

(k)

Where interpretation is needed as to the exact location of boundaries of the areas of special flood hazard (for example, where there appears to be a conflict between a mapped boundary and actual field conditions) the flood plain administrator shall make the necessary interpretation. Any person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in this section.

(l)

All records pertaining to the provisions of this chapter shall be maintained in the office of the flood plain administrator and shall be open for public inspection.

(Ord. No. 18-01, §§ 1, 2, 9-11-2018; Ord. No. 19-05, § 2, 8-13-2019)

In all areas of special flood hazard, the following provisions are required:

(a)

New construction and substantial improvements of existing structures shall be anchored to prevent flotation, collapse or lateral movement of the structure.

(b)

New construction and substantial improvements of existing structures shall be constructed with materials and utility equipment resistant to flood damage.

(c)

New construction or substantial improvements of existing structures shall be constructed by methods and practices that minimize flood damage.

(d)

All heating and air conditioning equipment and components (including ductwork), all electrical, ventilation, plumbing, and other service facilities shall be designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding.

(e)

Manufactured homes shall be anchored to prevent flotation, collapse, or lateral movement. Methods of anchoring may include, but are not limited to, use of over-the-top or frame ties to ground anchors. This standard shall be in addition to and consistent with applicable state requirements for resisting wind forces.

(f)

New and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system.

(g)

New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters.

(h)

On-site waste disposal systems shall be located and constructed to avoid impairment to them or contamination from them during flooding.

(i)

Any alteration, repair, reconstruction or improvement to a structure, which is not compliant with the provisions of this section, shall be undertaken only if the non-conformity is not furthered, extended or replaced.

(Ord. No. 18-01, §§ 1, 2, 9-11-2018; Ord. No. 19-05, § 2, 8-13-2019)

In all areas of special flood hazard the following provisions are required:

(a)

New residential construction and substantial improvements.

(1)

Where base flood elevation data are available, new construction and/or substantial improvement of any residential structure or manufactured home shall have the lowest floor, including basement, elevated no lower than one foot above the base flood elevation. Should solid foundation perimeter walls be used to elevate a structure, openings sufficient to facilitate equalization of flood hydrostatic forces on both sides of exterior walls shall be provided in accordance with standards of subsection (c) of section 26-3.02.17.

(2)

All heating and air conditioning equipment and components (including ductwork), all electrical, ventilation, plumbing, and other services facilities shall be elevated at or above one foot above the base flood elevation.

(b)

Nonresidential construction. New construction and/or the substantial improvement of any structure located in A1-30, AE, or AH zones, may be flood-proofed in lieu of elevation. The structure, together with attendant utility and sanitary facilities, must be designed to be water tight to one foot above the base flood elevation, with walls substantially impermeable to the passage of water, and structural components having the capability of resisting hydrostatic and hydrodynamic loads and the effect of buoyancy. A registered professional engineer or architect shall certify that the design and methods of construction are in accordance with accepted standards of practice for meeting the provisions above, and shall provide such certification to the official as set forth above and in section 26-3.01.16(g).

(c)

Elevated buildings. All new construction or substantial improvements of existing structures that include any fully enclosed area located below the lowest floor formed by foundation and other exterior walls shall be designed so as to be an unfinished or flood resistant enclosure. The enclosure shall be designed to equalize hydrostatic flood forces on exterior walls by allowing for the automatic entry and exit of floodwater.

(1)

Designs for complying with this requirement must either be certified by a professional engineer or architect or meet the following minimum criteria:

a.

Provide a minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding;

b.

The bottom of all openings shall be no higher than one foot above grade; and

c.

Openings may be equipped with screens, louvers, valves or other coverings or devices provided they permit the automatic flow of floodwater in both direction.

(2)

So as not to violate the "lowest floor" criteria of this section, the unfinished or flood resistant enclosure shall only be used for parking of vehicles, limited storage of maintenance equipment used in connection with the premises, or entry to the elevated area; and

(3)

The interior portion of such enclosed area shall not be partitioned or finished into separate rooms.

(d)

Standards. Standards for manufactured homes and recreational vehicles where base flood elevation data are available.

(1)

All manufactured homes placed, and/or substantially improved:

a.

On individual lots or parcels;

b.

In expansions to existing manufactured home parks or subdivisions;

c.

In new and/or substantially improved manufactured home parks or subdivisions; or

d.

On a site in an existing manufactured home park or subdivision where a manufactured home has incurred "substantial damage" as the result of a flood, must have the lowest floor including basement, elevated no lower than one foot above the base flood elevation.

(2)

All manufactured homes placed and/or substantially improved in an existing manufactured home park or subdivision must be elevated so that:

a.

The lowest floor of the manufactured home is elevated no lower than one foot above the level of the base flood elevation; or

b.

The manufactured home chassis is elevated and supported by reinforced piers (or other foundation elements of at least an equivalent strength) of no less than 36 inches in height above grade;

c.

All manufactured homes must be securely anchored to an adequately anchored foundation system to resist flotation, collapse and lateral movement.

(3)

All recreational vehicles placed on sites must either:

a.

Be on site for fewer than 180 consecutive days;

b.

Be fully licensed and ready for highway use (a recreational vehicle is ready for highway use if it is licensed, on its wheels or jacking system, attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached structures or additions); or

c.

The recreational vehicle must meet all the requirements of section 26-3.02.18(a) including the anchoring and elevation requirements of section 26-3.02.18(d)(2)c, above.

(e)

Floodways. Located within areas of special flood hazard established in section 26-3.02.06 are areas designated as floodways. A floodway may be an extremely hazardous area due to velocity floodwaters, debris or erosion potential. In addition, the area must remain free of encroachment in order to allow for the discharge of the base flood without increased flood heights. Therefore, the following provisions shall apply:

(1)

Encroachments are prohibited, including earthen fill, new construction, substantial improvements or other development within the regulatory floodway. Development may be permitted however, provided it is demonstrated through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the encroachment shall not result in any increase in flood levels or floodway widths during a base flood discharge. A registered professional engineer must provide supporting technical data and certification thereof.

(2)

Only if subsection (e)(1) above is satisfied, then any new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of this section.

(Ord. No. 18-01, §§ 1, 2, 9-11-2018; Ord. No. 19-05, § 2, 8-13-2019)

Located within the areas of special flood hazard established in section 26-3.02.06 where streams with base flood elevations are provided but no floodways have been designated (Zones AE), the following provisions apply.

(a)

No encroachments, including fill material, new structures or substantial improvements shall be located within areas of special flood hazard, unless certification by a registered professional engineer is provided demonstrating that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one foot at any point within the community. The engineering certification should be supported by technical data that conforms to standard hydraulic engineering principles.

(b)

New construction or substantial improvements of buildings shall be elevated or flood-proofed to elevations established in accordance with section 26-3.02.17.

(Ord. No. 18-01, §§ 1, 2, 9-11-2018; Ord. No. 19-05, § 2, 8-13-2019)

Located within the areas of special flood hazard established in section 26-3.02.06, where streams exist but where no base flood data has been provided (A-Zones), or where base flood data have been provided but a floodway has not been delineated, the following provisions apply:

(a)

When base flood elevation data or floodway data have not been provided in accordance with section 26-3.02.06, then the flood plain administrator shall obtain, review, and reasonably utilize any scientific or historic base flood elevation and floodway data available from a federal, state, or other source, in order to administer the provisions of this section. ONLY if data are not available from these sources, then the following provisions (b) and (c) shall apply:

(b)

No encroachments, including structures or fill material, shall be located within an area equal to the width of the stream or 20 feet, whichever is greater, measured from the top of the stream bank, unless certification by a registered professional engineer is provided demonstrating that such encroachment shall not result in any increase in flood levels during the occurrence of the base flood discharge.

(c)

In special flood hazard areas without base flood elevation data, new construction and substantial improvements of existing structures shall have the lowest floor of the lowest enclosed area (including basement) elevated no less than three feet above the highest adjacent grade at the building site. Openings sufficient to facilitate the unimpeded movements of floodwaters shall be provided in accordance with standards of section 26-3.02.17(c).

(d)

The flood plain administrator shall certify the lowest floor elevation level and the record shall become a permanent part of the permit file.

(Ord. No. 18-01, §§ 1, 2, 9-11-2018; Ord. No. 19-05, § 2, 8-13-2019)

Areas of special flood hazard established in section 26-3.02.06 may include designated "AO" shallow flooding areas. These areas have base flood depths of one to three feet above ground, with no clearly defined channel. The following provisions apply:

(a)

All new construction and substantial improvements of residential and non-residential structures shall have the lowest floor, including basement, elevated to the flood depth number specified on the flood insurance rate map (FIRM), above the highest adjacent grade. If no flood depth number is specified, the lowest floor, including basement, shall be elevated at least three feet above the highest adjacent grade. Openings sufficient to facilitate the unimpeded movements of flood waters shall be provided in accordance with standards of section 26-3.02.18(c), "elevated buildings."

(b)

The flood plain administrator shall certify the lowest floor elevation level and the record shall become a permanent part of the permit file.

(c)

New construction or the substantial improvement of a non-residential structure may be flood-proofed in lieu of elevation. The structure, together with attendant utility and sanitary facilities, must be designed to be water tight to the specified FIRM flood level plus one foot, above highest adjacent grade, with walls substantially impermeable to the passage of water, and structural components having the capability of resisting hydrostatic and hydrodynamic loads and the effect of buoyancy. A registered professional engineer or architect shall certify that the design and methods of construction are in accordance with accepted standards of practice for meeting the provisions above, and shall provide such certification to the official as set forth above and as required in section 26-3.02.15(a)(3) and section 26-3.02.15(b).

(d)

Drainage paths shall be provided to guide floodwater around and away from any proposed structure.

(Ord. No. 18-01, §§ 1, 2, 9-11-2018; Ord. No. 19-05, § 2, 8-13-2019)

(a)

All subdivision and/or development proposals shall be consistent with the need to minimize flood damage.

(b)

All subdivision and/or development proposals shall have public utilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage.

(c)

All subdivision and/or development proposals shall have adequate drainage provided to reduce exposure to flood hazards.

(d)

For subdivisions and/or developments greater than 50 lots or five acres, whichever is less, base flood elevation data shall be provided for subdivision and all other proposed development, including manufactured home parks and subdivisions. Any changes or revisions to the flood data adopted herein and shown on the FIRM shall be submitted to FEMA for review as a conditional letter of map revision (CLOMR) or conditional letter of map amendment (CLOMA), whichever is applicable. Upon completion of the project, the developer is responsible for submitting the "as-built" data to FEMA in order to obtain the final LOMR.

(Ord. No. 18-01, §§ 1, 2, 9-11-2018; Ord. No. 19-05, § 2, 8-13-2019)

(a)

Critical facilities shall not be located in the 100-year floodplain or the 500-year floodplain.

(b)

All ingress and egress from any critical facility must be protected to the 500-year flood elevation.

(Ord. No. 18-01, §§ 1, 2, 9-11-2018; Ord. No. 19-05, § 2, 8-13-2019)

(a)

The planning commission as established by the board of commissioners shall hear and decide requests for appeals or variance from the requirements of this section.

(b)

The planning commission shall hear and decide appeals when it is alleged an error in any requirement, decision, or determination is made by the flood plain administrator in the enforcement or administration of this section.

(c)

Any person aggrieved by the decision of the planning commission may appeal such decision to the superior court of Burke County, Georgia, as provided in O.C.G.A. § 5-4-1.

(d)

Variances may be issued for the repair or rehabilitation of historic structures upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure and the variance is the minimum to preserve the historic character and design of the structure.

(e)

Variances may be issued for development necessary for the conduct of a functionally dependent use, provided the criteria of this section are met, no reasonable alternative exists, and the development is protected by methods that minimize flood damage during the base flood and create no additional threats to public safety.

(f)

Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.

(g)

In reviewing such requests, the planning commission shall consider all technical evaluations, relevant factors, and all standards specified in this and other sections of this section.

(h)

The conditions for the granting of variances shall be as follows:

(1)

Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief; and in the instance of a historical structure, a determination that the variance is the minimum necessary so as not to destroy the historic character and design of the structure.

(2)

Variances shall only be issued upon:

a.

A showing of good and sufficient cause;

b.

A determination that failure to grant the variance would result in exceptional hardship; and

c.

A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisance, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances.

(3)

Any applicant to whom a variance is granted shall be given written notice specifying the difference between the base flood elevation and the elevation of the proposed lowest floor and stating that the cost of flood insurance will be commensurate with the increased risk to life and property resulting from the reduced lowest floor elevation.

(4)

The flood plain administrator shall maintain the records of all appeal actions and report any variances to FEMA upon request.

(i)

Upon consideration of the factors listed above and the purposes of this section, the planning commission may attach such conditions to the granting of variances as it deems necessary to further the purposes of this section.

(Ord. No. 18-01, §§ 1, 2, 9-11-2018; Ord. No. 19-05, § 2, 8-13-2019)

See State of Georgia minimum standards. Contact Local Issuing Authority for more information (Brier Creek Soil and Water Conservation District).

(Ord. No. 18-01, §§ 1, 2, 9-11-2018)